Upendra Ram @ Upendra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74822 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- KOPA District- Saran ====================================================== UPENDRA RAM @ UPENDRA KUMAR RAM Son of Hira Lal Ram Resident of Village - Patila, P.S.- Kopa, District - Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members had tortured in various ways to the daughter of the informant due to non-fulfillment of two lakh rupees and one apache motorcycle by way of dowry demand and ultimately in connivance with each other they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased. He has been falsely implicated in this case. There is no prior complain regarding harassment or torture against the petitioner. At the

Patna High Court CR. MISC. No.74822 of 2022(5) dt.16-05-2023 2/2 alleged date of occurrence, petitioner was in Delhi to earn his livelihood. Informant was examined during trial as P.W.-5 and he himself declared hostile and had not supported the prosecution story. Petitioner has no criminal antecedent and he is languishing in judicial custody since 13.08.2021. The application for bail is opposed by learned APP for the State and submitted that petitioner is husband of the deceased and he has sole responsibility to take care of his wife. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra in connection with Kopa P.S. Case No. 112 of 2021.

(Sunil Kumar Panwar, J) sushma/- U